Justia Transportation Law Opinion Summaries

Comparative negligence does not apply in crashworthiness cases, and that South Carolina's public policy does not bar a plaintiff, allegedly intoxicated at the time of the accident, from bringing a crashworthiness claim against the vehicle manufacturer. This case concerned the applicability of comparative negligence to strict liability and breach of warranty claims in a crashworthiness case brought by Plaintiff Reid Donze against Defendant General Motors ("GM"). The United States District Court for the District of South Carolina certified two questions to the South Carolina Supreme Court Court addressing the defenses available to a manufacturer in crashworthiness cases brought under strict liability and breach of warranty theories. View "Donze v. General Motors" on Justia Law

Between 1945 and the mid-1970s, Hassell was employed as an electrician by the Railroad, responsible for the maintenance and repair of passenger railcars designed and manufactured by defendants' predecessors. Steam pipes running underneath those railcars were insulated with material containing asbestos. As a consequence of his exposure to asbestos, Hassell contracted asbestosis and mesothelioma. He died in 2009, during the pendency of his lawsuit. Defendants argued that state law claims were preempted by the Locomotive Boiler Inspection Act (LIA), 49 U.S.C. 20701, the Safety Appliance Act, 49 U.S.C. 20301, and the Federal Railroad Safety Act (FRSA), 49 U.S.C. 20101. The district court held that Hassell’s claims were preempted by the LIA. The Third Circuit vacated, noting the lack of evidence supporting defendants’ assertion that the railcar pipes at issued formed an “interconnected system” with the locomotive. Even assuming that evidence for the “interconnected system” could have been gleaned from the record, Hassell produced evidence from a former Railroad supervisor showing that, instead of being connected to locomotives, the pipes were connected to “power cars” that separately supplied steam heat to the passenger coaches. There was a genuine dispute material fact precluding summary judgment. View "In Re: Asbestos Prods. Liability Litig." on Justia Law

Plaintiff was unloading a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying across his face and chest and inflicting severe burns. He sought damages under the common law, but the district court held that his lawsuit was preempted by the Hazardous Materials Transportation Act, 49 U.S.C. 5101–5128. The Third Circuit affirmed. The Act expressly preempts any common law requirement about the design of a package, container, or packaging component qualified for use in transporting hazardous materials in commerce. The tank car at issue is a container qualified for such use, regardless of whether what plaintiff was doing constituted transport or his employment status at the precise moment of his injury. View "Roth v. Noralfco, LLC" on Justia Law